NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SDS v R [2009] NSWCCA 159
HEARING DATE(S): 29 May 2009
JUDGMENT DATE: 10 June 2009
JUDGMENT OF: Giles JA at 1; Buddin J at 2; Harrison J at 25
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Criminal law - sentencing - sexual intercourse with a child under the offender's authority (x4) - pattern of sentencing for offences committed in 1997 - whether sentences manifestly excessive - whether the sentencing judge gave adequate weight to applicant's mental condition - whether sentencing judge failed to find good prospects of rehabilitation and unlikelihood of re-offending
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
Foster v R (NSWCCA unreported 14 July 1998) Leach v R [2008] NSWCCA 73 MJR v R (2002) 130 A Crim R 481 Moon v R (2000) 117 A Crim R 497 R v CJB [2000] NSWCCA 161 CASES CITED : R v DJM (2002) 136 A Crim R 269 R v Gould [1999] NSWCCA 177 R v Hemsley [2004] NSWCCA 228 R v JCW [2000] NSWCCA 209 R v LTP [2004] NSWCCA 109 R v PBH (NSWCCA unreported 2 May 1996) R v RJW, (NSWCCA unreported, 2 August 1994)
PARTIES: SDS (Applicant) Regina (Respondent)
COUNSEL: C Loukas (Applicant) J Dwyer (Crown) (Respondent)
SOLICITORS: S O'Connor (Solicitor Legal Aid Commission) (Applicant) S Kavanagh (Solicitor for Public Prosecutions) (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/51/0141
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